NATURAL HERITAGE CONSERVATION ACT PROGRAM APPLICATION

ISSUED BY THE STATE OF NEW MEXICO,

ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT,

FORESTRY DIVISION

FOR STATE AGENCIES, STATE EDUCATIONAL INSTITUTIONS, NATIONS, TRIBES, PUEBLOS, AND POLITICAL SUBDIVISIONS OF THE STATE

PROGRAM OVERVIEW

The State of New Mexico, Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division (Forestry Division) is seeking applications from state agencies, public educational institutions, political subdivisions of the state, or nations, tribes, or pueblos for conservation projects under the Natural Heritage Conservation Act (NHCA) Program.  Tax-exempt private nonprofit charitable corporations or trusts may partner with qualified entities on proposals but may not apply for this funding directly.

This Request for Applications (RFA) is directed to qualified entities that meet the criteria below.  A qualified entity is:

1. a state agency, a state educational institution named in Article 12, Section 11 of the New Mexico Constitution, a political subdivision of the state; or for conservation projects wholly within New Mexico, an Indian tribe or pueblo; or

2. a qualified entity that is partnered with a conservation entity. A conservation entity must be a private nonprofit charitable corporation or trust, authorized to do business in New Mexico, that has tax-exempt status as a public charity pursuant to the Internal Revenue Code of 1986, and that has the power to acquire, hold or maintain land or interests in land. A qualified conservation entity must be identified in the application.

Grant funding focuses primarily on transactional costs for easement projects such as appraisals, title insurance, title opinions, surveys, or environmental reviews up to three percent of the total value of the conservation project funded or 10 percent of the amount of the grant, whichever is less.  While the primary purpose of NHCA is land conservation, funding may also be requested for land restoration projects.

 NHCA grant funding is a reimbursement grant under which the qualified entity will be reimbursed for actual costs incurred in the performance of approved project activities.

 The Land of Enchantment Legacy Fund (state funds) is funding the NHCA and available for projects beginning in FY25. This funding can further integrate numerous conservation plans, strategies, and initiatives that are already in place in New Mexico.

SCOPE OF WORK

Successful Applicants shall:

1. for conservation projects involving acquisition of a conservation easement or agricultural easement:

A. acquire an appraisal that establishes the fair market value of the conservation or agricultural easement and meets United States treasury regulations and the uniform standards of professional appraisal practice;

B. provide, as specified by the Forestry Division, documents including:

 i. a title commitment;

 ii. phase I environmental site assessment and, if needed based on phase I environmental site assessment, a phase II environmental site assessment;

 iii. a title opinion certifying that the landowner owns the mineral rights or a report, satisfactory to the Forestry Division, from a professional geologist that the probability of surface mining occurring on such property is so remote as to be negligible;

 iv. if deemed necessary by the Forestry Division, a property boundary survey;

 v. if the landowner owns the mineral rights, an easement shall prohibit subsequent sale or development of mineral rights by the landowner granting the conservation or agricultural easement; and

 vi. a baseline documentation report of the property with the deed of conservation easement or agricultural easement in the office of the applicable county clerk;

C. provide easements that contain a provision that if an Applicant, other than Forestry Division, or a partner conservation entity fails to enforce the easement as determined by a court or if either the Applicant or conservation entity cease to exist, that:

  i. the easement will go to another qualified entity, or otherwise the easement shall become vested in Forestry Division as recommended by EMNRD and other extant easement right holders; and

 ii. any Applicant’s interest in an easement shall only go to another governmental entity. EMNRD shall have the option to provide similar rights of enforcement or possession to other governmental entities (e.g. federal partners) where such partners have similar rules, regulations or requirements and demonstrated capacity to manage or enforce easements.

2. for conservation projects that are the joint acquisition of a conservation easement or agricultural easement by an Applicant and a conservation entity and are funded in part with a grant to an Applicant:

A. the Applicant and conservation entity shall hold title to the conservation easement or agricultural easement as cotenants having undivided interests in proportion to each entity’s share of the acquisition;

B. the conservation entity shall acquire no less than 10 percent of the easement as a percentage of the appraised easement value and may do so through cash or in-kind contributions to the total project value not paid by a qualified entity:

i. if an in-kind contribution, no portion of that contribution shall be comprised of the portion of a donation by a landowner for which the landowner has been previously compensated through a state tax incentive or credit, but nothing in this provision shall diminish the ability for any landowner to be eligible to apply for any state tax incentive or credit;

C. the conservation entity, as part of the Applicant’s application, shall submit a plan for the conservation and stewardship of the lands for which the conservation entity and the Applicant are responsible. The plan shall comply with the purposes of the NHCA and shall specifically identify the entity responsible for ongoing monitoring and stewardship;

D.  when a conservation entity has partnered with an Applicant on a land restoration project that is funded in part with a grant to an Applicant:

i. the conservation entity shall provide at least 10 percent of the cost of the conservation project and may do so, all or in part, through cash or in-kind contributions to the total project cost not paid by a qualified entity;

ii. the Applicant shall submit a plan for management of the lands for which the conservation entity is responsible;

iii. a conservation entity partner may prepare the management plan. The management plan shall comply with the purposes of the NHCA and shall specifically identify the entity responsible for ongoing management, stewardship, and monitoring;

E. monitoring reporting requirements:

i. Applicants shall submit annual reports, by December 1 each year, to the Forestry Division for 10 years after:

a. the date of the acquisition of the conservation or agricultural easement; or

b. the date of a grant agreement for a land restoration project; or

c. unless a longer or shorter monitoring period is mutually agreed in writing among Forestry Division and the Applicant;

ii. on joint public-private conservation projects, the Applicant may delegate this requirement to a conservation entity:

a. the designated responsible Applicant or conservation entity shall document easement monitoring activities in perpetuity and keep all documentation available for review by the Forestry Division at any time; and

b. annual reporting and perpetual documentation shall describe the subject property’s management by the landowner and include the details of the qualified entity’s and any partner conservation entity’s stewardship and monitoring activities; 

iii. for land restoration projects, the report shall:

a. provide at least a qualitative assessment of the degree to which the project has accomplished or is accomplishing the objectives specified in the land restoration project application and grant agreements;

b. monitoring involves assessment of a conservation project for indications that the pre-specified objectives and intent are being met or that trends are in that direction; there is no requirement for scientific-based, cause-effect research and data collection unless such efforts are specifically made a part of the project agreement at the outset or in subsequent amendments of the agreement; and

c. the Applicant or any designated partner entity shall collect sufficient baseline information during the first year of the project such that subsequent monitoring and description of change can be accomplished.

ADDITIONAL NOTICES

 1. Where applicable, Applicants must factor in Governmental Gross Receipts Tax (GGRT) as part of their responses. Any response that does not clearly indicate GGRT is included in the cost section may be deemed non-responsive and rejected.

2. The Forestry Division may reject applications when it is in the State of New Mexico’s best interest.

3. The Forestry Division may conduct discussions with Applicants who submit applications but may also accept applications without such discussions.

4. This program does not reimburse indirect costs. The Forestry Division shall not allow more than 10% in administrative costs.

5. Grant funds cannot be used to purchase capital equipment costing more than $5,000.00 but may be used to rent equipment.

6. The last funded project may receive only partial funding if the Forestry Division lacks sufficient monies to fully-fund that project. Project contacts will be notified by the Forestry Division Program Manager before any partial funding is approved.

7. Applicants will be evaluated based on Attachment 1, Natural Heritage Conservation Act Program Application Evaluation Criteria.

8. Applicants shall complete and sign Attachment 2, Statement of Assurances, as part of their application.

9. The Forestry Division may award multiple contracts under the terms of Attachment 3, Governmental Services Agreement, Attachment 4, Professional Service Agreement and Attachment 5 Purchase Agreement in accordance with this Request for Applications (RFA).

SUBMISSION AND REVIEW

Applicants must submit their applications on the Forestry Division’s Submittable webpage using this link: https://emnrd-sfd.submittable.com/submit.

 Any application that does not adhere to these requirements may be deemed non- responsive and rejected on that basis.

Applications are reviewed according to available funds and program demand and the Natural Lands Protection Committee (NLPC) will evaluate and categorize applications according to Attachment 1. The latest information on expected review timelines is updated on the Forestry Division’s webpage, here: http://www.emnrd.state.nm.us/SFD/RFPs/RFPMain.html.

FAWRA Overview

The Forest and Watershed Restoration Act (FAWRA) was created by House Bill 266 and signed into law by Governor Michelle Lujan Grisham on March 15, 2019. FAWRA allocates funding annually to the Energy, Minerals and Natural Resources Department, Forestry Division (New Mexico State Forestry) for the purpose of restoring forests and watersheds in the state of New Mexico and establishes a Forest and Watershed Advisory Board to evaluate and recommend projects. When projects have been selected and approved, New Mexico State Forestry will administer, implement, and report on the projects.

Note: FAWRA is not a grant program. It is a way for the public, government, and non-governmental partners to recommend and develop projects in partnership with the Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division (Forestry Division). The Forestry Division administers any projects initiated through the FAWRA and may choose to enter into agreements to implement projects on public lands with governmental entities at its own discretion.

Before submitting a proposal, proponents are strongly encouraged to consult full submission guidelines, available here. For more information, please visit the Forestry Division's FAWRA webpage.

The State of New Mexico, Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division (Forestry Division) accepts grant applications for invasive plant management projects year-round. The U.S. Department of Agriculture, Forest Service (Forest Service) regularly provides funds specifically to address areas where invasive plants threaten forested acres. As long as other federal money is not involved, eligible applicants are non-federal governmental entities, including tribes. Successful applicants shall be required to provide 1:1 matching funds. 

Projects must emphasize prevention and treatment of invasive plants and address any or all of the following: 

• awareness and education; 
• inventory and mapping; 
• planning and coordination; 
• integrated weed management; or 
• monitoring and evaluation. 

Applications may request a minimum of $5,000.00 and a maximum of $40,000.00. Purchase of items such as backpack sprayers, storage cabinets, storage tanks, or trailers are limited to a maximum of $5,000.00. 

The Forestry Division shall give the highest priority to projects that apply integrated management practices, demonstrate partnerships and commitment to monitoring results, and for projects that address priority species on the New Mexico Noxious Weed List.

Projects involving invasive plant species other than those on the state’s noxious weed list may be considered on a case-by-case basis. The Forestry Division encourages cooperation with federal agencies, although their efforts may not be included as match and federal agencies are not eligible to receive funds for treatment. When listing the partnerships, applicants shall provide the name of any agencies that will be participating and a contact person who will be representing the agency for the purpose of this project. The Forestry Division may contact listed partners during application review to verify their involvement.
 

ADDITIONAL NOTICES 

• All applicants must complete and submit a Financial Capability Questionnaire with their Application. Once filled out, this can be uploaded below.

• All applicants must review the criteria indicated on the Federal Eligibility Checklist. Successful applicants will be required to comply with the Federal Eligibility Checklist.

• Award of agreements is contingent upon sufficient appropriations and authorization being made by the Forest Service and the State of New Mexico. 

• Where applicable, applicants must factor in Governmental Gross Receipts Tax (GGRT) as part of their responses. Any response that does not clearly indicate GGRT is included in the cost section may be deemed non-responsive and rejected. 

• The Forestry Division may reject any and all applications when it is in the State of New Mexico’s best interest. 

• The Forestry Division may conduct discussions with applicants who submit applications but may also accept applications without such discussions. 

• This program does not reimburse indirect costs. The Forestry Division shall not allow more than 10% in administrative costs. 

• The last funded project may receive only partial funding if the Forestry Division lacks sufficient monies to fully-fund that project. Project contacts will be notified by the Forestry Division Program Manager before any partial funding is approved.
 

SUBMISSION AND REVIEW 

Applications are batch-reviewed periodically according to available funds and program demand and scored according to criteria listed below. The latest information on expected review timelines is updated on the NM Forestry Division’s Invasive Plants Program webpage. To submit an application, create an account and offerors shall submit their proposal using the Forestry Division’s Submittable webpage.
 

Questions may be submitted to:

Ash Taylor

Invasive Plant Program Coordinator and Field Botanist

EMNRD, Forestry Division

1220 S. St. Francis Drive, Santa Fe, NM 87505 

Telephone: 505-490-0580

ashley.taylor@emnrd.nm.gov
 

The State of New Mexico, Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division  is seeking applications for urban and community forestry projects to assist communities in developing and maintaining sustainable stewardship of urban and community forestry resources in New Mexico. 

Eligible applicants  are non-federal governmental entities, including public colleges and universities and tribes (as long as other federal money is not involved).  Projects located on lands owned or administered by the federal government are not eligible for this funding.

Applications may request any amount up to $60,000.00. The Forestry Division reserves the right to partially fund projects. Project contacts will be notified by the Forestry Division Program Manager before any partial funding is approved. 

The focus of the grants are on projects that occur within or deliver 100 percent of the projects benefits to communities identified as disadvantaged by the federal government. Applicants must use federal online vulnerability and environmental justice equity data tools to support a disadvantaged community designation (e.g., White House Climate and Economic Justice Screening Tool (CEJST), the EPA Environmental Justice and Screening Mapping Tool, and EPA EnviroAtlas Interactive Map). Projects that occur outside of areas identified as disadvantaged may still be funded but it may be at a lower amount. 

Applications will be accepted year round and batch-reviewed periodically according to available funds and program demand.  The latest information on expected review timelines is updated on the Forestry Division’s webpage, here: http://www.emnrd.state.nm.us/SFD/RFPs/RFPMain.html. 

Applicants must submit their proposals on the Forestry Division’s Submittable webpage using this link: https://emnrd-sfd.submittable.com/submit.  

Scope of Work 

Projects must emphasize the development and management of community forests.  Projects located on lands owned or administered by the federal government are not eligible for this funding.  Applicants must collaborate with applicable landowners to obtain any needed permissions or permits. Examples of eligible project activities include but are not limited to:

• community forestry program development or improvement such as the creation of management plans, ordinances, tree boards, site preparation (clearing invasives, removing concrete), tree plantings, wood waste program creation, food forest creation, invasive detection, tree maintenance (mulch, irrigation, pruning,      removal), inventory, green infrastructure, assessment, or monitoring; 
• professional  development to create or expand the technical skillset of a diverse and inclusive urban forestry workforce such as the development of classes, implementation of  workshops, registration to attend conferences;
• public outreach and education promoting community involvement in urban forestry such as community events, surveys, engagement, creation of publications, multimedia, and trainings.

Any projects that involve tree removal such as site preparation or tree maintenance that includes removal must also include replanting in their proposal. 

Any projects that involve planting must include a planting plan including tree species and size selection, tree planting methods to be used, irrigation plans, and long-term maintenance plans. Successful Offerors with tree planting projects must have a community forest ordinance, policy, or management plan that designates legal responsibility for the care of trees in the community. Successful Offerors shall follow American National Standards Institute (ANSI) Z60.1 nursery standards and ANSI A300 tree planting standards.

Funds cannot be used to purchase capital equipment costing more than $5,000.00 but may be used to rent equipment, and cannot be used for land acquisition or construction. This program does not reimburse indirect costs. The Forestry Division shall not allow more than 10% in administrative costs.

Questions:

Alyssa O’Brien

Urban and Community Forestry Program Manager

EMNRD, Forestry Division

1220 S. St. Francis Drive

Santa Fe, N.M., 87505

Telephone: (505) 690-8531

Alyssa.OBrien@emnrd.nm.gov

The full RFP is available on the Forestry Division website,  https://www.emnrd.nm.gov/sfd/requests-for-proposals-and-grants/ or by contacting Alyssa O’Brien.
 

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The State of New Mexico, Energy, Minerals and Natural Resources, Forestry Division (Forestry Division) is accepting requests for post-fire erosion and hazardous tree mitigation assistance from landowners impacted by the Salt and South Fork Fires. The Forestry Division is utilizing contractors who will conduct site assessments and carry out post-fire projects. The Forestry Division will have sole discretion to determine appropriate post-fire practices to be implemented on the landowner's behalf.

Eligibility

Landowners requesting assistance will be evaluated for eligibility based on the following criteria:

1. The property must be located in Lincoln County and within the boundaries of the Salt and South Fork burn scars.

2. The landowner must provide evidence of property ownership by providing plats, deeds, and/or title insurance.

3. Hazard trees on the property must be located within a distance that is twice the tree's height from roads and/or structures. Hazard trees include disaster-damaged trees that:

        a. are leaning more than 30 degrees,

        b. have more than 75% canopy damage for Ponderosa pines, or more than 50% of         canopy damage for other tree species;

        c. have split trunk exposing the heartwood, or

        d. have 40% exposed roots.

Areas of Priority

Properties will be prioritized for assistance to maximize long-term watershed recovery, focusing on areas with the greatest risk of erosion that may contribute to debris flows and impact downstream communities. Prioritization will be based on:

1. Proximity to other landowners who have requested assistance will receive priority. This will enable the Forestry Division to use funding efficiently by reducing contractor mobilization costs.

2. Location in a watershed, with areas higher in the watershed receiving priority.

3. Burn severity, with higher burn severity properties receiving priority.

4. Terrain features, with areas having steeper slopes receiving priority.

The Program

The Forestry Division will receive the landowner's requests and verify eligibility.

1. The landowner will complete a Right-of-Entry Agreement which gives the Forestry Division and its contractors permission to enter the property for the purpose of conducting hazard tree mitigation and post-fire erosion control.

2. A planning contractor will contact the landowner to schedule a site visit and develop a map indicating which trees are eligible for removal, sites chosen for erosion control structures, and how slash (tree residue) will be treated.

3. The planning contractor will submit the plan to the Forestry Division which will identify recommended post-fire practices for the property.

4. The Forestry Division will review the plan and work with the planning contractor on any necessary revisions.

5. The Forestry Division will engage project contractors to implement approved plans.

6. Work can begin on the landowner's property in accordance with approved plans.